- 3 - We begin by noting that petitioner bears the burden of proving that respondent's determinations are incorrect. Welch v. Helvering, 290 U.S. 111, 115 (1933). The first issue for decision is whether Mr. Roberts is petitioner's "dependent" as that term is defined in section 152. A dependent is generally defined as an individual who receives over half of his support from the taxpayer in the calendar year in which the taxpayer's taxable year begins. Sec. 152(a). Individuals listed under this general definition include, among others, the father of the taxpayer. Sec. 152(a)(4). In computing the amount which is contributed for the support of an individual, there must be included any amount which is contributed by such individual for his own support, including income which is ordinarily excludable from gross income, such as Social Security benefits. Sec. 1.152-1(a)(2)(ii), Income Tax Regs. Respondent argues that petitioner failed to meet the support requirements of section 152(a). We agree. Petitioner has offered no evidence that he paid for more than half of the costs of supporting his father during 1992. Petitioner conceded at trial that the entire amount of Mr. Roberts' Social Security benefits and other income was applied against his nursing home costs. Petitioner did not claim that his contributions exceeded the amount contributed by Mr. Roberts for his own support. Petitioner's testimony that he paid a portion of the costs of thePage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011